Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1887-05-19

LII. GucItupoh llofCo thC
Court to discharge the defendant on
the ground that no evidence had been
adduced showing that the defendant
was the proprietor and lessee of this
house.
Mr.. Hoagland then put in evidence
the application of the defendant for
license, which showed him to be the
proprietor of the place. The Court
felt that the signature should be
proven, and the States attorney him
self was put under oath, prepared to
swear to Howard's signature, when
Mr.. Fithian withdrew his objection,
and the application was admitted as
evidence.
The defense then admitted the sales
and actions proven by the State, and
said that Thomas Howard was the
lessee of the place, intending to open
it, on June 18th next, as boarding
house simply, and that Samuel Howard
was his agent, and any illegal acts
done by him could not be charged to
the defendant.
Thomas Howard was the only wit
ness sworn on behalf of the defense,
and said he resided in Philadelphia and
leased the Sea Breeze property on
March 25th, and took possession on
April 1st last. Discharged his bar
keeper week ago, because he thought
he was crooked and was drunk. His
instructions to his agents were not to
sell liquor to anyone. Denied that he
had ever sold any liquor or harbored
men and women in the house. There
have never been any rows there to his
knowledge. Cross-examined and ad-
mitted that he had shipped a great deal
of liquor to the house from Philadel-
phia. Hired a barkeeper but didn't
expect him to do any business until he
opened it next month. His son Samuel
and his brother, of the same name, have
been in charge. Could not account for
the fact that liquors were sold against
his directions. Gave instructions to
some of his men to treat" visitors
there. They were to do it with his
liquor, some that he bought of Shaler.
Never treated anyone there. Has been
there only three times since April 1st.
Was there on the Saturday night of
the dance. His son, but not his brother,
was also there.
Mr.. Fithian then presented the point
of agency and urged to the Court that
his client, as a matter of law was not
responsible.
He was followed by Mr.. Hoagland,
who rapidly and clearly summed up
the case In his charge, Judge Reed
defined the question of agency as
raised by the defense, and dwelt upon
the necessary evidence to convict in
this class of cases. He said there is no
doubt that the testimony showed that
there was a disorderly house there,
and that Samuel Howard, the brother,
and Samuel the son, could have been
convicted under this testimony. The
doubt, if there is any, is to the extent
of Thomas Howard's knowledge of
what was there done, and that ques-
ton they must settle. He defined the
rule of law to be that where a man
| puts a servant to do certain work and
| it is done so negligently as to produce
a nuisance, the principal or master is
responsible even though he does not
know lust what his servant does. APP
plying this rule to the case at issue,
and illustrating it in several ways, he
surrendered the case to the Jury, who
were absent, perhaps half an hour,
when they returned with their verdict.
| The excitement was most intense dur
ing the polling of the Jury, and while
| the interrogatories were being put,
and when the foreman, in answer to
| the question of the Clerk answered
"Guilty of keeping disorderly house, "
an audible expression of relief was
| heard from the tensified auditors.
The Jurors were discharged for the
term, and the following sentences pro
nounced:
William Randolph, is sent to Tren-
Il
| ton for one year because of his trouble
| with his wife.
Jonathan Hand, found guilty of out
raging old Mrs. Clark of South Vine
land, will occupy a felon's cell for the
next eight years.
David Williams, on charge of lar
ceny, escaped with but two months in
Jail and the payment of costs.
The most fortunate man of the lot
was Daniel Garrison, charged with
cutting timber on another's land, in
whose case sentenced was suspended.
Alexander Gould, charged with as
sault with intent to kill, was sentenced
to five years in the penitentiary.
Ernest Madden, found guilty OF as
sault and battery was given two
months in the County Jail, and sem
fenced to pay the cost of court.
Joseph Harris, for assault on Mary
Rarrjnper received two wears in State S